I need to get control of a domain name from the current registrant.

[Evadman]

The goofy meter must have just exploded and hit me in the head with high velocity shrapnel. Did I really just read that?

 

[FoBoT]

Originally posted by: Millenium
I will write him an e-mail saying that I will buy the domain for 700 bucks just so you can't have it.

hehe

 

[bsobel]

You go into a lawyer's office and I will guarantee they will laugh you out of the office.

Here I disagree, when was the last time a lawyer said 'suing is a bad idea'? He'll lose, but I'm sure he can find a lawyer to take some of his money first.

Bill

 

[Haircut]

Originally posted by: PsychoAndy

as far as U.S. law is concerned, there is absolutely no way he can force the current owner to give up his domain. there is no way around that unless a purchase of this tangible item occours.

as far as U.K. law, maybe they have an anti-squatting statute in place where you cant buy a domain for the sole purpose of owning it. i dont know. oh, and WW, in the UK they commonly make the loser pay in legal actions, should rbhawcroft research the issue and decide to take action.

From the bottom of this article it actually seems that you have more comeback in the US if someone is cybersquatting.

 

[rahvin]

You are in the UK based on previous statements. The UK has NO control or authority over any domain that doesn't end in .uk. (Why you don't get a .com.uk is beyond me). So get a UK court judgement against him and it has zero merit and zero enforceability.

2. The internationaly recognized venue for Trademark disputes in the WTO {?, might be WIPO} courts. To challenge the use of a domain name you must prove excluse and pre-dating use of a recognizeable trademark. You must prove it's not a common word and you must prove the person is cybersquatting and not just in a business lull.

3. To file a domain name dispute with the court you follow the procedure outlined on the ICANN website then submit the form along with your check for the NON-REFUNDABLE court fee of $5,000US or was that $50,000US?.

Things to keep in mind. You can file a trademark in the UK and he can file one in the US and both can be valid. You know international boundaries and all. In those situations the court will rule with the one holding the domain currently or the one with the older trademark if the trademark is world recognizable. The court will consider the use of alternate domain names, ie. .com.uk as viable alternatives.

P.S. I would like to comment on you personally and the attitude you have displayed during these posts but I have a feeling the mods wouldn't appreciate my comments. He was there first, deal with it. Dont' be a whiney little baby.

 

[Haircut]

av-networks.co.uk and avnetworks.co.uk are both available too, so why not just get one of these?

Unless of course your AV Networks is a multi-national corporation

 

[MacBaine]

@MacBaine: You make a lot of speculations for an adult.

Still waiting for you to prove me wrong, kid.

 

[Scipionix]

Originally posted by: rahvin 3. To file a domain name dispute with the court you follow the procedure outlined on the ICANN website then submit the form along with your check for the NON-REFUNDABLE court fee of $5,000US or was that $50,000US?.

I've never heard of any court fees costing anywhere near that much. Maybe if you hav ICANN do it for you . . . still, that's $4,999.98 more than rbhawcroft is willing to spend.

 

[Chaotic42]

Originally posted by: Scipionix

I've never heard of any court fees costing anywhere near that much. Maybe if you hav ICANN do it for you . . . still, that's $4,999.98 more than rbhawcroft is willing to spend.

Dude, you know this guy doesn't have any cents.

Sorry, I'm tired

 

[Scipionix]

Originally posted by: rbhawcroft
i dont think it works like that. If a business has a legit interest in a domain then they can have a case. He doesnt have one anymore. If a competitor of mine out bid me, then I could get the name in court because they dont have a legit interest in having it.

YOU have no more interest in the name than my dryer lint because YOU have not registered the trademark or even used it. Furthermore, YOU have no authority to tell other people what are their "legit interests." If he obtained it legally and keeps paying for it, that is the most legitimate interest there is. The whole point of a free market economy is that what another man does with his business is none of your business.

as far as his trade use of the name the business is defunct as far as I can tell. Also I have tried doinf people searches and business searches and I cant really track the guy down, except thru the out of date details and the domain broker.

It doesn't matter if his business is operating or not. If he is paying for the domain, too f*ing bad.

I do not know how Her Majesty's Courts would react to you, but if you tried a suit like this in the United States you would at best receive a summary judgment against you and at worst your attorney would be sanctioned and you would be fined as a vexious litigant. Of course, no scrupulous attorney would take this case as it would be a complete waste of your money.

 

[Speedy3D!]

Originally posted by: rbhawcroft
isnt there a legal position, that they are holding a name and have no intention of letting someone use it.

lol, nope. What world do you live in? hahaha....

You seem like a very stupid person. Go away

 

[rbhawcroft]

Originally posted by: Scipionix

Originally posted by: rahvin 3. To file a domain name dispute with the court you follow the procedure outlined on the ICANN website then submit the form along with your check for the NON-REFUNDABLE court fee of $5,000US or was that $50,000US?.

I've never heard of any court fees costing anywhere near that much. Maybe if you hav ICANN do it for you . . . still, that's $4,999.98 more than rbhawcroft is willing to spend.

well i did some home work at wipo and read their policy i dont have a link but its easy to find, essentially if I have a trade mark or business name then I can force it off him, it costs 1500usd but I think the loser would have to pay. He quoted 1688usd when I contacted the broker, which is ridiculous, so I have evidence of his disinterest in owning it and that the only value of it for him is what he can force through a brokeradge which means he cant see economic value in it for himself and is using the registrant process to force money for a transfer which as far as I know is cybersquatting if you have a name clearly linked to a trademark or business interest. Basically I either wont get it at all or ill use trademark law to take it off him, but it will have to be making enough money before its worth the risk. In terms of court juristictions I dont know, i cant see why it has to be america as domain names at the top level arent 'american' despite him having registered it there.

 

[Scipionix]

Originally posted by: rbhawcroft
well i did some home work at wipo and read their policy i dont have a link but its easy to find, essentially if I have a trade mark or business name then I can force it off him, it costs 1500usd but I think the loser would have to pay. He quoted 1688usd when I contacted the broker, which is ridiculous, so I have evidence of his disinterest in owning it and that the only value of it for him is what he can force through a brokeradge which means he cant see economic value in it for himself and is using the registrant process to force money for a transfer which as far as I know is cybersquatting if you have a name clearly linked to a trademark or business interest. Basically I either wont get it at all or ill use trademark law to take it off him, but it will have to be making enough money before its worth the risk. In terms of court juristictions I dont know, i cant see why it has to be america as domain names at the top level arent 'american' despite him having registered it there.

Do you still not get it? YOU HAVE NO CAUSE OF ACTION BECAUSE YOU DO NOT HAVE A TRADEMARK, LET ALONE ONE WHOSE USE PREDATES THE DOMAIN REGISTRATION. If you pursue this through the courts, you will lose your money and your pride.

 

[Scipionix]

Originally posted by: rbhawcroft
well i did some home work at wipo and read their policy i dont have a link but its easy to find, essentially if I have a trade mark or business name then I can force it off him, it costs 1500usd but I think the loser would have to pay. He quoted 1688usd when I contacted the broker, which is ridiculous, so I have evidence of his disinterest in owning it . . .

You also have no comprehension of the legal concept of interest. "Interest" in something does NOT mean that you like something, you find something intriguing, you want to read more about it, etc. Interest means you have money invested in something. That is all it means. If he paid for it and keeps paying for it, he has one hell of an interest in it.

 

[fataIerror]

All that I can do is laugh and shake my head.


Good luck with your lawsuit.

 

[bsobel]

well i did some home work at wipo and read their policy i dont have a link but its easy to find, essentially if I have a trade mark or business name then I can force it off him

ICANN Dispute policy. LOOK YOU STUPID IDIOT. YOU DO NOT HAVE A TRADEMARK NOR A PRIOR EXISTING BUSINESS NAME. Getting one of those now doesn't matter, you can't get a trademark now and apply it 'after the fact'.

Bill

 

[bsobel]

Folks, time to spread the word about the current site and make sure people know to boycott it... If you know anyone who wants more information about this, they can contact Rob directly at rbhawcroft@hotmail.com...

 

[PsychoAndy]

Originally posted by: Haircut

Originally posted by: PsychoAndy

as far as U.S. law is concerned, there is absolutely no way he can force the current owner to give up his domain. there is no way around that unless a purchase of this tangible item occours.

as far as U.K. law, maybe they have an anti-squatting statute in place where you cant buy a domain for the sole purpose of owning it. i dont know. oh, and WW, in the UK they commonly make the loser pay in legal actions, should rbhawcroft research the issue and decide to take action.

From the bottom of this article it actually seems that you have more comeback in the US if someone is cybersquatting.

the burden of proof is bad faith. that means you have to PROVE the person purchased the domain w/out intent to develop. There are a million reasons you can use to defer development, i'll name some

i'm broke
i'm waiting on a deal for a server
i'm doing research on my potential customer base
i'm waiting for MS to have open standards

as for the validity of the argument. THE DOMAIN REGISTRATION PRE-DATES YOUR CLAIM. GET OVER IT.

 

[rbhawcroft]

Originally posted by: PsychoAndy

Originally posted by: Haircut

Originally posted by: PsychoAndy



as for the validity of the argument. THE DOMAIN REGISTRATION PRE-DATES YOUR CLAIM. GET OVER IT.

well we will see.

 

[Scipionix]

Originally posted by: rbhawcroftwell we will see.

No, you will see. We will laugh.

 

[Paulson]

Do you still not get it? YOU HAVE NO CAUSE OF ACTION BECAUSE YOU DO NOT HAVE A TRADEMARK, LET ALONE ONE WHOSE USE PREDATES THE DOMAIN REGISTRATION. If you pursue this through the courts, you will lose your money and your pride.

As far as I'm concerned I think he already lost his pride, or else has way too much of it... and will lose his money...

Either way, I laugh

 

[datalink7]

Originally posted by: Scipionix

Originally posted by: rbhawcroftwell we will see.

No, you will see. We will laugh.

bwuahahahaha.

croft, what is your malfunction? There is no way you would win. You say he has no legitimate interest in the domain name? How about selling it to wankers like you? That is legitimate, after he used it for his own purposes.

 

[WombatWoman]

I am beginning to think this entire thing is a put-on.

Nobody can be as mean, as stingy, and as clueless as this guy appears to be.

 

[dakata24]

goto the link below.. this is what he's trying to peddle.. a competing product to wifi...

link

want it all on one fibre so that i only use one transceiver they are 60usd.

in terms of software, i was going to use some kind of mcu and dsp in a later rendition, but its my start-up and i dont have the money to get someone to write a lot of software.

its for a home optical network that will compete with wifi, so i need to keep costs down.

however if you wanted to read through the data sheet to see if the design looks like it would work i could do a barter deal with you either for audio cables now, or a discount on some home optical networking hardware subject to it coming out successfully, what do you say?

lol! i hope no one takes him up on that offer..

 

[911paramedic]

If I am not mistaking, you cannot trademark words. You can trademark the way you spell them out though. They are really cracking down on people that want to trademark words because, well, we would just run out.

As for your domain, it is worth what somebody (you) will pay for it.


EDIT: WRONG AGAIN, LOL

Trademark Office